KFLCC Kingdom Law 2nd Ed.

CONSENSUS VOLUNTAS

249

CONSIDERATION

Consensus voluntas multorum ad quos res pertinet, simul juncta. Consent is the united will of several interested in one sub ject-matter. Davis, 48; Branch, iPrinc

of the act complained of. Eaton T. Railroad Co., 51 N. H. 504, 12 Am. Rep. 147. CONSEQUENTS. In Scotch law. Im plied powers ,or authorities. Things which follow, usually by implication of law. A commission being given to execute any work, every power necessary to carry It on is im plied. 1 Karnes, Eq. 242. CONSERVATOR. A guardian; protect or; preserver. "When any person having property shall be found to be incapable of managing his affairs, by the court of probate in the dis trict in which he resides, * * * it shall appoint some person to be his conservator, who, upon giving a probate bond, shall have the charge of the person and estate of such incapable person." Gen. St Conn. 1875, p. 346, § 1. Treat v. Peck, 5 Conn. 280. —Conservators of rivers. Commissioners or trustees in whom the control of a certain river is vested, in England, by act of parliament Conservators of the peace. Officers author ized to preserve and maintain the public peace. In England, these officers were locally elected by the people until the reign of Edward III. when their appointment was vested in the king. Their duties were to prevent and arrest for breaches of the peace, but th*y had no power to arraign and try the offender until about 1360, when this authority was given to them by act of parliament, and "then they acquired the more honorable appellation of justices of the peace." 1 Bl. Comm. 351. Even after this time, however, many public officers were styled "conservators of the peace," not as a distinct office but by virtue of the duties and authori ties pertaining to their offices. In this sense the term may include the king himself, the lord chancellor, justices of the king's bench, master of the rolls, coroners, sheriffs, constables, etc. 1 Bl. Comm. 350. See Smith v. Abbott, 17 N. J. Law, 358. The term is still in use in Tex as, where the constitution provides that county judges shall be conservators of the peace. Const. Tex. art 4, § 15; Jones v. State (Tex. Or. App.) 65 S. W. 92. CONSIBERATIO CURLS!. The judg ment of the court CONSIDERATION. The inducement to a contract The cause, motive, price, or Impelling influence which induces a- con tracting party to enter into a contract. The reason or material cause of a contract. In surance Co. v. Raddin, 120 U. S. 183, 7 Sup. Ct 500, 30 I* Ed. 644; Eastman v. Miller, 113 Iowa, 404, 85 N. W. 635; St Mark's Church v. Teed, 120 N. Y. 583, 24 N. E. 1014; Fertilizer Co. v. Dunan, 91 Md. 144, 46 Atl. 347, 50 K R, A. 401; Kemp v. Bank, 109 Fed. 48, 48 C. C. A. 213; Streshley v. Powell, 12 B. Mon. (Ky.) 178; Roberts v. New York, 5 Abb. Prac. (N. Y.) 41; Rice v. Almy, 32 Conn. 297. Any benefit conferred, or agreed to be con ferred, upon the promisor, by any other per son, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the

CONSENT. A concurrence of wills. Express consent

is that directly given,

either viva voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given. Cowen v. Paddock, 62 Hun, 622, 17 N. Y. Supp. 388. Consent in an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. 1 Story, Eq. Jur. § 222; Plummer v. Com., 1 Bush (Ky.) 76; Dicken v. Johnson, 7 Ga. 492; Mactier v. Frith, 6 Wend. (N. Y.) 114, 21 Am. Dec. 262; People v. Studwell, 91 App. Div. 469, 86 N. Y. Supp. 967. There is a difference between consenting and submitting. Every consent involves a submis sion ; but a mere submission does not necessar ril.v involve consent. 9 Car. & P. 722. —Consent deeree. See DECBEE.—Consent judgment. See JUDGMENT. CONSENT-RULE. In English practice. A superseded instrument, in which a defend ant in an action of ejectment specified for what purpose he intended to defend, and un dertook to confess not only the fictitious lease, entry, and ouster, but that he was in possession. Consentientes et agentes pari poena plectentur. They who consent to an act, and they who do it, shall be visited with equal punishment. 5 Coke, 80. Consentire matrimonio non possunt infra [ante] annos nubiles. Parties can not consent to marriage within the years of marriage, [before the age of consent] 6 Coke, 22 Consequential non est consequential Bac. Max. The consequence of a consequence exists not CONSEQUENTIAL CONTEMPT. The ancient name for what is now known as "constructive" contempt of court. Ex parte Wright, 65 Ind. 508. See CONTEMPT. Such damage, loss, or injury as does not flow di rectly and immediately from the act of the party, but only from some of the consequences or results of such act Swain v. Copper Co., Ill Tenn. 430, 78 S. W. 93; Pearson v. Spar tanburg County, 51 S. C. 480, 29 S. E. 193. The term "consequential damage" means sometimes damage which is so remote as not to be actionable; sometimes damage which, though somewhat remote, is actionable; or dam age which, though actionable, does not follow Immediately, in point of time, upon the doing CONSEQUENTIAL DAMAGE.